DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
1. Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Sugiyama (US20210119207).
As to claim 1, Sugiyama discloses a positive electrode active material in which a layerO3 having a crystal structure of an 03-type structure and a layerO2 having at least one type of crystal structure selected from the group consisting of an 02-type structure, a T#2-type structure, and an 06-type structure are alternately laminated (paragraph 0027), wherein a volume of the layerO2 with respect to a total volume of the layerO3 and the layerO2 is 0.1 or more and 0.6 or less (paragraph 0050).
As to claim 2, Sugiyama discloses the same active material desired by applicant there it is inherent wherein an average value of intensities at all midpoints between two adjacent peaks with respect to an average value of all peak maximum intensities in an intensity profile obtained by integrating respective pixel values in a direction perpendicular to a c-axis in a high-angle annular dark- field scanning transmission electron microscope image with an electron beam incidence direction being set as <1-10> is 0.05 or less. “Products of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 3, Sugiyama discloses a solid-state battery comprising the positive electrode active material according to claim 1 (paragraph 0063).
As to claim 4, Sugiyama discloses a method for producing a positive electrode active material, the method comprising: ion-exchanging Na contained in a compound represented by the following Formula 2 with Li: Formula 2: NacMnx-pNiy-qCoz-rMp+g+rO2 wherein, in Formula 2: c,x,y,z,p,q and r are numbers satisfying 0.82 <c,x+y+z=1, and 0<p+q+r0.20, and M represents a metallic element selected from the group consisting of Li, B, Mg, Al, K, Ca, Ti, Cr, Ga, Zr, Nb, Mo and W (paragraph 0025).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANE J RHEE whose telephone number is (571)272-1499. The examiner can normally be reached Monday-Friday (10-6:30).
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/JANE J RHEE/ Primary Examiner, Art Unit 1724
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